Freund v. McDonough

 
APPEAL NO.
23-1387
OP. BELOW
SUBJECT
Veterans
AUTHOR
Dyk

Issue(s) Presented

1. “The Veterans Court dismissed the Petition as moot after concluding that Petitioners’ individual claims were mooted and denying class certification. Did the Veterans Court err in dismissing the Petition?”

2. “The Veterans Court denied Petitioners’ request for class action and class certification after concluding that Petitioners lacked adequacy and commonality with the proposed class. Did the Veterans Court err in denying class certification?”

Holding

1. “We hold . . . that the case is not moot as to the class claims because it satisfies the inherently transitory claim standard.”

2. “We conclude that the Veterans Court abused its discretion in finding that the adequacy and commonality requirements for class certification were not met.”